An application to the district court for the annulment of a simplified court decision
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Almaty District Court of Astana city
36 Abaya St., Astana, 010000.
8 (7172) 71-06-35 010201@sud.kz
from the Defendant: E.J.K.
IIN ………
Republic of Lithuania, Vilnius.
8…………. (Whatsapp).
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 578 5758; +7 727 971 78 58.
Statement
on the cancellation of a simplified court decision
On November 05, 2021, the judge of the Almaty District Court of Astana (Nur-Sultan), K.R.N., having considered in a simplified procedure the civil case No. 7111-21-00-2/5585, on the claim of D.M.N. to the Defendant E.Zh.K. for the recovery of the debt amount.
Guided by Articles 223-226, 267-4 of the CPC, the court decided: To satisfy the claim of D.M.N. to E.Zh.K. for the recovery of the debt in full. To collect from E.Zh.K. in favor of D.M.N. a debt in the amount of 690,000 tenge, the cost of paying the state fee in the amount of 6,900 tenge and the cost of providing legal assistance in the amount of 20,000 tenge, a total of 716,900 tenge.
Dear Court, the defendant did not know about this court session, never received notifications about upcoming court sessions, thus she was deprived of the opportunity to provide her reasoned objection. The defendant learned about the court's decision on April 2, 2023, when a Private bailiff blocked the Defendant's bank card. Also, the defendant did not have the opportunity to familiarize herself with the subject of the claim, the nature and size of the plaintiff's claims and collect the necessary materials to protect her interests, since the decision of the Almaty District Court of Astana affects the interests of the defendant.
In accordance with Part 3 of Article 267-3 of the Civil Procedure Code of the Republic of Kazakhstan, the Court notifies the parties, sets a deadline within fifteen working days for the defendant to submit a response (objection) to the statement of claim, accompanied by documents and evidence that substantiate it.
According to Part 1 of art. 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, copies of the court decision are sent to the parties using means of communication that ensure recording of its receipt, or are issued no later than five working days from the date of the final decision.
It should be noted that: on 11/27/2019, a civil law agreement was concluded by oral agreement in accordance with Article 151 of the Civil Code of the Republic of Kazakhstan, where I, E.Zh.K., received a loan of 690,000 tenge from D.M. N. and pledged to repay 38,500 tenge in monthly installments by 09/16/2021. However, due to financial difficulties, I was unable to properly fulfill my obligations and subsequently, in accordance with Article 152 of the Civil Code of the Republic of Kazakhstan, "Written form of the transaction", two receipts dated 04/16/2020 for the above amount were drawn up at the direction of the plaintiff. The first in the amount of 269,500 tenge, and the second in the amount of 230,000 tenge, the total remaining amount of debt was 499,500 tenge. Which I also couldn't properly execute.
Based on the court's Decision of November 24, 2020, the Almaty District Court of the city of Nur-Sultan, composed of the presiding judge I.A.M., considered the civil case No.7111 -20-00-2/5640 . Guided by Articles 109, 147, 223-226 of the CPC, the court decided to satisfy the claim of D.M.N. to E.Zh.K. for the recovery of the amount owed. To recover from E.J.K. in favor of D.M.N. the amount of debt in the amount of 499,500 tenge, the cost of paying for the assistance of a representative in the amount of 20,000 tenge, the cost of sending a pre-trial claim in the amount of 560 tenge, the payment of state duty in the amount of 4,995 tenge total: 424,495 tenge was collected.
Subsequently, the plaintiff, the writ of execution for the compulsory recovery of the amount owed was submitted to the private bailiff of the executive district of Nur-Sultan, Etc., who, in turn, initiated enforcement proceedings and imposed encumbrances.
According to the electronic notification of the e-Government payment gateway, I have paid(a) the amount of outstanding enforcement proceedings No.8/21-71- 814 , including for the activities of the CSI in the amount of 606,306 tenge.
On the grounds of the above, the private bailiff of the executive district of Nur-Sultan, T.D.D., on 12.02.2021, decided to terminate the enforcement proceedings.
Thus, the repeated collection of funds from me for the same debt, where there is a court decision in accordance with art. 152, paragraph 1, paragraph 6) in the proceedings of the same or another court or arbitration, there is a dispute between the same parties, on the same subject and on the same grounds, is subject to refund or left without satisfaction.
According to Article 267-4 of the Civil Procedure Code of the Republic of Kazakhstan, the defendant has the right to file with the court that issued the decision in a simplified (written) procedure an application for cancellation of this decision within five working days from the date of receipt of a copy of the court decision. The application is filed if the defendant has not been properly notified of the receipt of the statement of claim and its consideration in a simplified (written) procedure and has not been able to provide feedback, as well as evidence that may affect the content of the decision. An application for revocation of a decision is considered in accordance with the rules established by Chapter 21 of this Code, taking into account the requirements provided for in part two of this Article. The decision may be appealed by the parties or appealed by the prosecutor on appeal after the deadline for filing an application for revocation of this decision has expired, and if the application has been filed, within one month after the court issued a ruling rejecting this application.
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
For the purpose of a comprehensive, complete and objective consideration of the said civil case, the court will be provided with evidence that may affect the content of the decision.
On the basis of the above and in accordance with art. 267-4 of the CPC RK,
I ask the Court:
To cancel the decision of the Almaty District Court of Astana (Nur-Sultan) adopted in a simplified manner on November 05, 2021 on the claim of D.M.N. to the Defendant E.Zh.K. for the recovery of the debt amount;
To consider the civil case No. 7111-21-00-2/5585 on the merits in accordance with the generally established procedure.
Yours sincerely,, ________/ E.J.K.
"___"__________2023 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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